Judicial Activism vs. Judicial Restraint March 21, SENTENCES DIFFERENTIATE BETWEEN THE TWO Objective: Understand the difference between an active and passive Supreme Court

5/23/20152 I. Judicial Activism-Liberal Solve social, economic, political problems “Guardian ethic” Examples: –Texas v. Johnson, 1989 –Clinton v. New York, 1998 –Bush v. Gore, 2000 –Atkins v. Virginia, 2002 –Lawrence vs. Texas 2003

5/23/20153 II. Judicial Restraint-conservative Congress/Executive  –social, economic, political problems ONLY clear constitutional questions Interpret, not make law –Scalia’s stance on Abortion, “An area we should not be…” Original intent…

5/23/20154 III. Historical developments of SC 1938-FDR tries to pack court : Warren Court-activism –”Miranda warnings” –Desegregation of public schools –Prohibiting prayer in school : Burger Court-activism –Roe v. Wade –UC Regents v. Bakke

5/23/20155 IV. Restraints on Judicial Power 1.Do not enforce 1.Street Level Bureaucrats 2.Cannot “create” cases 3.POWER IS PASSIVE 4.Appt. of judges 5.Stare Decisis 6.CONSTITUTION 7.Congress: –Confirmation –Impeachment –Increase # of courts and judges –Amendments